Patna High Court
Rambabu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted subject to a bail‑bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Rambabu Yadav, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 22 litres of illicit liquor were recovered from a river bank. The prosecution alleged his involvement, but no material was found in his possession and he asserted a clean antecedent. He applied for anticipatory bail, arguing that the recovery was from an open place and that the accusation was based merely on suspicion. The State opposed the bail. The Court, considering the nature of the offence, the location of the recovery, and the petitioner's clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the bail be enlarged by the Excise Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act where no incriminating material is found on him.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28615 of 2026
Arising Out of PS. Case No.-339 Year-2026 Thana- MAJHAULIA District- West Champaran
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Rambabu Yadav S/o Rajendra Yadav @ Rajendr Yadav R/o - Gudra Mor Tola,
Ward No. 05, P.S - Majhuliya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 22 litres illicit liquor was
recovered from the bank of river.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Recovery has been made from an open
place, accessible to one and all. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.28615 of 2026(2) dt.30-04-2026
2/2
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court-II, Bettiah, West Champaran in connection
with Majhauliya P. S. Case No. 339 of 2026, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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